news chopper 2 flew over the cal train. what we've been told, the san mateo transit officer fired his weapon while the train was in san jose. we've been told one person was wounded and we do not know that person's condition. >>> a mistrial was declared in the federal cocaine fraud trial of the former crime lab technician. according to the juror, debra madden took cocaine from a lab. the jurors couldn't agree whether placerville proved, hearing of deception. a hearing has beep set, including a possible retrial. >> the oakland police department is under fire for its handling much tomorrow a motion will be filed to request a federal takeover. it comes on the heelings of the federal monitor who question the use of force in some of the shooting. a civil rights attorney says the department has to change. >> we simply can't wait any longer. that's why we're acting now. >> that's okay. >> a, a hearing is scheduled for mid december to discuss the motion and the city of oakland is expected to fight the request. >>> for the sixth year